An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits pursuant to Catch 62 provisions, by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

Click here to learn more about Catch-62 provisions and how it affects retirees under FERS and CSRS.

In this case, the Administrative Judge’s initial decision did not tell us the retiree’s employing Agency.

What the retiree was told, in this case, was that if he elected to make the military service credit deposit, it would delay his retirement indefinitely. Because the employee did not want to delay receipt of his retirement annuity indefinitely, he did not make the deposit.

Making the military service deposit does not indefinitely delay retirement. If done properly, it shouldn’t delay your retirement at all.

In this case, it is worth noting that the employee filled out all the retirement forms (SF 2801, OPM Form 1515, etc.) on which many judges rely for ruling that they were informed of their right to make a deposit. As always, the existence of the proper paperwork doesn’t mean that the employee was properly informed

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about Catch 62 issues, or OPM’s reduction of your retirement annuity at age 62, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.